Petitioner filed a motion for compassionate release to home confinement under the First Step Act, alleging that "unsanitary conditions" in his correctional facility placed him at a higher risk of contracting COVID-19. The Court denied this motion on the grounds that "the mere existence of COVID-19" and the possibility of its spread to a prison is not sufficient justification for release. The Court also found that Petitioner failed to show that he had exhausted all administrative remedies as is required under the First Step Act.
United States v. Burks, No. CR 11-627 (NLH), 2020 WL 5652440 (D.N.J. Sept. 22, 2020)
DETAILS
Decision
Date
09/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:11-CR-00627-NLH
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Bennettsville
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession of a firearm by a convicted felon, in violation of 18 U.S.C. §922(g)(1)
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.